You can request her insurance information from the DMV on a form the DMV provides. If it shows she is uninsured, they can suspend her license for a year. You then would file a claim with your own insurance company for uninsured motorist coverage. They basically would negotiate a settlement with you as if they insured her, except if you can't agree, the case would be resolved by binding arbitration, rather than court. If she is insured it should show up on the DMV record, or the police report. If so, track down the claims office of that company using her policy number, and open a claim. Be sure to documents all of your injuries and medical expenses. You are entitled to compensation also for loss of earnings and earning capacity, if any. Those are called special damages. General damages are also available for your pain and suffering, emotional distress and the inability to conduct your normal activities. It can be difficult for a lay person to assess the value of a case, which depends upon the extent of your medical injuries, bills, need for future medical treatment, your age, etc. Also, once you agree on a settlement, you can't reopen the case and get more money. Be certain how you will proceed, and why, before doing so. This means knowing very clearly the nature of your injuries and any residual problems you would have later.
The comments made here are meant to direct you to receive local consultation from an attorney in your area and ask proper, detailed questions to get the best legal advice upon which you can take appropriate action.
It's always worth running your facts by a personal injury attorney because there is typically no charge to call one of us here on AVVO. Whiplash can be a longterm inuring if not treated. If you do not have a large enough case, consider filing a claim in small claims court.
Yes. An experienced personal injury lawyer is the type of licensed professional that could likely help you. The law requires exchange of information at the scene of the accident. You should make sure that you file a police report in connection with the accident.
I would for sure contact an attorney in your state. "Whiplash" can be very serious. Seek proper medical attention as well. Good luck.
*This information should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
Contact and hire an attorney ASAP. An experienced attorney will be able to provide you with the medical treatment you need, and likely obtain compensation for your property damage, loss of use, rental, wage loss, medical bills, and pain suffering.
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